NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-10043
Plaintiff-Appellee, D.C. No. 2:16-cr-00297-DJH
v.
MEMORANDUM*
MERLE BRANDON MARTIN,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Arizona
Diane J. Humetewa, District Judge, Presiding
Submitted October 23, 2017**
Before: LEAVY, WATFORD, and FRIEDLAND, Circuit Judges.
Merle Brandon Martin appeals from the district court’s judgment and
challenges his guilty-plea conviction and the 30-month sentence imposed for
assault resulting in serious bodily injury, in violation of 18 U.S.C. §§ 1153 and
113(a)(6). Pursuant to Anders v. California, 386 U.S. 738 (1967), Martin’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
counsel has filed a brief stating that there are no grounds for relief, along with a
motion to withdraw as counsel of record. We have provided Martin the
opportunity to file a pro se supplemental brief. No pro se supplemental brief or
answering brief has been filed.
Martin waived his right to appeal his conviction and sentence. Our
independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80
(1988), discloses no arguable issue as to the validity of the waiver. See United
States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss
the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
2 17-10043